PHI LOS 0 P H Y . - Classic Works of Apologetics Online

The LlrdJ of the Ltmd. 25
Whereas every system of human Laws, considered
CIS a rule of life, labourt: under the two following
defects:
I. HUloan Laws omit many duties, as not objects
of compulsion; such as piety to God, bounty to the
pt)()r, forgiven~~ of injuries, education of children,
gratitude to benefactors.
rrhe law never speaks but to command, nor commands
but where it can compel; consequently those
duries, which by their nature must be 'IJ~/untarJ, are
left riot of the statute book, as iying beyond the
reach of its operation and authority.
II. Human Laws permit, or, which i! the same
thing, suffer to go unpunished, many crimes, because
they are incapable of being defined by any previous
qescription-Of which nafl.1re is luxury, prodigality,
partiality in voting at those elections in which the
qualification of the candidate ought to detennine
the success, caprice in the disposition of men~s fortunes
at their death, disrespect to p;1r~ts, and a
multitude of similar examples.
For this is the alternative; either the Law must
define beforehand and ,vilh pFecision the offences
which it punishes, or it mu~t be left to the discretion
of the magistrate to determine upon each particular
accusation, \vht,ther it constitutes that offence whictl
rhe Law des!gneJ to punish, or nu:; which is in effect
leaving to the magi~trate to puni~h or 110t to
punish, at his pleasure, the indivitiaal who is brought
before him; which is jGst so much tyranny. "\There,
therefore, as in tIle instances above· mentioned , the
distinction bet\veen right and wrong is of too subtile,
or of two secret a nature, to be ascertained by any
p~concerted language, the law of most countries,
especially ot· free states, ra,ther thall commit the liberty
of the subject to t~lC discretion of the maO"istrare,
\. \)
~ea\"es nleD U1 such cases to tl1cmse),'es,.
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